Aims of the Law and the Common Good

Aims of the Law and the Common Good Name: Institution: Legal Philosophy- Aims of the Law and the Common Good Introduction The law has various aims in the society. It is clear that the main aim of the law is to serve the common good. However, the aims of the law and the common good tend to differ…

Introduction

The discussion will focus on the relationship between these issues and the provisions of specific laws, including the statutory provisions, constitutional provisions and legal opinions. The aim of this paper is to develop philosophical arguments, critiquing various arguments on the proper aims of law. a) Laws Permitting or Prohibiting Gay Marriage; The role of the law is among other things, to create solutions to the problems that are said to arise when community’s lives face difficulties. It is clear that any law should appreciate the rules of change, while seeking to adjudicate the difficulties it is created to resolve. The laws that either prohibit or permit gay marriage can be said to be introducing new social rules. The Congress in 1996 approved the Defense of Marriage Act, which sought to prevent the Federal Government from recognizing same sex marriages (Canale et al., 2009). The law also mandated states from recognizing same sex marriages that had been celebrated in other states. However, in certain states, same sex marriages are permitted while other states seek to acknowledge same sex marriages celebrated in other jurisdictions. States like Maryland have passed laws legalizing same sex marriages, but are subjecting them to referendum during the 2012 elections. The controversy surrounding same sex marriages is not spared in the courts. ...

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